R.N.Sahay, J.

1. In this application for a writ of hebeas corpus the detenu petitioner who is detained in Chas Jail vide detention order dated 20.8.1995 passed by the District Magistrate, Bokaro purporting to be under Sec. 12(2) of the Bihar Control of Crimes Act, 1981 (hereinafter it shall be referred to as the Act), has challenged the validity of detention mainly on three grounds.

2. The Ist ground is that he does not come within the definition of "anti social element" as defined in Sec. 2(i)(c) of the Act. The second ground of challenge is there has been inordinate delay of 43 days in disposing of his representation which by itself renders detention illegal. The third ground is the detention order has been passed mala fide to prevent him from carrying on his trade union activities.

3. The petitioner is the Secretary of Bermo Block of Jharkhand Mukti Morcha (Mardi), a registered political party by the Election Commission of India. He is also a active member of Trade Union Jharkhand Colliery Shramik Union a registered Trade Union under the Trade Union Act. The field of the activity of the petitioner is within the Bermo Block of Bokaro district where Bhandaridah Refractorin